United States District Court, N.D. New York
OF DAVID H. SWYER, ESQ. Counsel for Plaintiff.
OF ROBERT A. BECHER, ESQ. Co-Counsel for Plaintiff.
STEINBERG, SYMER & PLATT, LLP Counsel for Defendant.
COUNSEL: DAVID H. SWYER, ESQ. ROBERT A. BECHER, ESQ. ELLEN A.
FISCHER, ESQ. JONATHAN E. SYMER, ESQ.
DECISION AND ORDER
T. SUDDABY, CHIEF UNITED STATES DISTRICT JUDGE
before the Court, in this prisoner civil rights action filed
by Zachary Garcia ("Plaintiff") against
Correctional Medical Care, Inc. ("Defendant"),
pursuant to 42 U.S.C. § 1983, is Defendant's motion
to dismiss Plaintiff's Complaint for failure to state a
claim upon which relief can be granted, pursuant to
Fed.R.Civ.P. 12(b)(6). (Dkt. No. 10.) For the reasons set
forth below, Defendant's motion is granted.
in his Complaint, Plaintiff alleges as follows. (Dkt. No. 1.)
"[O]n and prior to May 31, 2013, " Plaintiff was
confined in the Rensselaer County Jail ("Jail") in
Troy, New York. (Id. at ¶ 8.) Plaintiff suffers
from a "preexisting traumatic brain injury, a seizure
disorder[, ] and other neurological disorders" as the
result of a motor vehicle accident. (Id. at ¶
9.) In light of these conditions, Defendant-which contracted
with Rensselaer County to provide health services at the
Jail-should have "housed [Plaintiff] on the medical
tier" so that he (1) "would not be exposed to the
reasonably foreseeable hazards and perils" of being in
the Jail's general population, and (2) "could
receive immediate medical treatment if required[.]"
(Id. at ¶¶ 6-7, 10.)
despite Plaintiff's conditions, he was housed with the
Jail's general population. (Id. at ¶ 12.)
On May 31, 2013, Plaintiff "sustained severe injuries
and damages, " including "loss of consciousness,
tinnitus, pneumocephaly in the right frontal lobe and
intracranial hemorrhage[, ] necessitating surgical
procedures[, ] including a craniotomy." (Id. at
upon these factual allegations, Plaintiff asserts two claims:
(1) a claim that, by housing him with the Jail's general
population, Defendant was deliberately indifferent to his
serious medical needs in violation of the Eighth Amendment of
the U.S. Constitution (id. at ¶¶ 19-25);
and (2) a claim for medical malpractice under New York State
law (id. at ¶¶ 26-29).
Parties' Briefing on Defendant's Motion to Dismiss
Defendant's Memorandum of Law
in support of its motion to dismiss Plaintiff's
Complaint, Defendant asserts four arguments: (1) Plaintiff
has failed to allege facts plausibly suggesting that (a) any
of Defendant's nurses or physicians knew of, and
intentionally and willfully ignored, a substantial risk of
serious harm to him (given that his Complaint "fails to
identify or describe any individual actor"), and (b) a
causal connection between Defendant's failure to assign
him to a medical tier and his injuries (given that his
Complaint contains no factual allegations concerning how he
was injured); (2) Plaintiff's corporate-liability claim
pursuant to Monell (to the extent that Plaintiff may
be understood to assert such a claim) must be dismissed
because he has failed to allege facts plausibly suggesting
the existence of a policy, custom, or practice followed by
Defendant and pursuant to which he was injured; (3) the Court
should decline to exercise supplemental jurisdiction over
Plaintiff's medical malpractice claim; and (4) even if
the Court exercises supplemental jurisdiction over
Plaintiff's medical ...